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Q&As
Who is an accredited financial investigator? An accredited financial investigator (AFI) for the purposes of Proceeds of Crime Act 2002 (POCA 2002) is a financial investigator who is trained and accredited pursuant to POCA 2002, s 3. In addition, POCA 2002, s 453 empowers the Secretary of State, through secondary legislation, to designate an investigator who falls within a specified description as an AFI. The purpose of this order-making power is to enable the Secretary of State to limit the use of restraint and investigation powers to those financial investigators who are employed or engaged by law enforcement authorities or are employed or engaged in a law enforcement capacity by Government departments. For further information, see the Explanatory Notes to POCA 2002, s 453 at Part 12: Miscellaneous and General: UK Acts 2002: Explanatory Notes of Primary Legislation [643]. POCA 2002 (References to Financial Investigators) (England and Wales) Order 2015 (2015 Order), SI 2015/1853 was issued under
Q&As
The term ‘officer of the company’ is widely referred to throughout company law, most especially in relation to liability for various breaches of law or regulation. Prior to the Companies Act 1948, there was no statutory definition of 'officer'. The Companies Act 2006 (CA 2006), s 1173, states that an ‘officer’, in relation to a body corporate, includes a director (including a shadow director within the meaning of CA 2006, s 251), secretary
Q&As
Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 19 the following rights do not apply in relation to a worker employed as a domestic servant in a private household: • maximum weekly working time (WTR 1998, SI 1998/1833, reg 4(1) and (2)) • maximum working time for young workers (WTR 1998, SI 1998/1833, reg 5A(1) and 5A(4)) • length of night work (WTR 1998, SI 1998/1833, reg 6(1), 6(2) and 6(7)) • night work for young workers (WTR 1998, SI 1998/1833, reg 6A) • health assessment, transfer of night workers to day work (WTR 1998, SI 1998/1833, reg 7(1), 7(2), 7(6)), and • adequate
Q&As
Article 4 of Regulation (EC) 1223/2009, Cosmetics Regulation defines a ‘responsible person’. It states: ‘1. Only cosmetic products for which a legal or natural person is designated within the Community as “responsible person” shall be placed on the market. 2. For each cosmetic product placed on the market, the responsible person shall ensure compliance with the relevant obligations set out in this Regulation. 3. For a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community, the manufacturer established within the Community shall be the responsible person. The manufacturer may designate, by written mandate, a person established within the Community as the responsible person who shall accept in writing. 4. Where, for a cosmetic product manufactured within the Community, and not subsequently exported and imported back into the Community, the manufacturer is established outside the Community, he shall designate, by written mandate,
Q&As
A person entitled to apply for a grant of representation may wish for administration for their use and benefit to be granted to their attorney. The grant will be limited until further representation is granted or in any way the registrar directs. See the Non-Contentious Probate Rules 1987, (NCPR 1987), SI 1987/2024, r 31(1). In the situation where a grant of letters of administration was issued to A as attorney for E, then following E’s death A is not entitled to continue to act under the power of attorney as it was revoked on E’s death. A may not continue
Q&As
A deed of variation made in relation to the estate of a testate or intestate individual would not be relevant for the purposes of who has priority to apply for a grant of representation. Those entitled to apply for a grant of letters of administration under the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 22 should make an application for letters of administration and not for probate. See Practice Note: Variation of Will or intestacy after death—Q&As, in particular see section ‘Effect of deed of variation on identity of PRs’ and Q&As: Where the beneficiaries
Q&As
Who is entitled to serve on a jury? Section 1 of the Juries Act 1974 (JA 1974) states that everyone is entitled to serve on a jury provided that: • the person is registered as a parliamentary or local government elector • is not less than 18 nor more than 75 years of age • he has been ordinarily resident in the UK, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of 13, and • and he is not disqualified from jury service The upper age limit for jurors was increased from 70–75 by section 68 of the Criminal Justice and Courts Act 2015 (CJCA 2015), which makes amendments to JA 1974, ss 1(1)(a) and 3(1). From 9 September 2016, jurors between the ages of 70 and 75 can be identified for jury service and with effect from
Q&As
This Q&A assumes that the first deceased spouse (A) died intestate, that A's spouse (B) obtained a grant of letters of administration in A's estate and that B has now died leaving a Will. We refer you to Practice Note: Intestacy—priority to apply for grant—Q&As and in particular, the sub-section titled 'Where a sole administrator dies after the grant has issued' in section ‘Death of an administrator entitled to grant on intestacy’, which states: 'If a sole administrator dies after having obtained a grant but without having completed the administration,
Q&As
For the purposes of this Q&A it has been assumed there is no dispute nor doubt as to the parentage of the child. The entitlement to the estate of an intestate estate is set out in section 46 of the Administration of Estates Act 1925 (AEA 1925). This states, inter alia: ‘If the intestate leaves issue but no [spouse or civil partner], the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate.’ Plainly, the deceased leaves issue en ventre sa mere, but
Q&As
Where the deceased died intestate and the original administrators subsequently died without fully administering the estate, an administrator must be appointed to complete the administration of the original deceased person's estate. This is a grant of administration de bonis non. The grant will issue to the person who would have been entitled had
Q&As
In a discretionary trust, it would be unusual for there to be no ultimate default beneficiary. The default beneficiary may only become entitled at the end of the trust period, rather than immediately on the death of the last surviving discretionary beneficiary, but the trustees could exercise their power of advancement in accordance with section 32 of the Trustee Act 1925 (as amended, if at all, by the terms of the trust deed).
Q&As
For most land, both the Environment Agency and the District Council have the power to require the occupier of land to remove any illegally deposited waste, or to require the landowner to remove it if the occupier fails to comply. These powers are contained in sections 59 and 59ZA of the Environmental Protection Act 1990 (EPA 1990), and also extend to other Waste Regulation Authorities or Waste Collection Authorities defined by EPA 1990, s 30. Further information can be found in Practice Note: Litter enforcement, fly-tipping offences and abandoned vehicles. Where the waste is deposited on a public right of way, a County Council, in common with other Local Highways Authorities (LHAs), have a number of duties and powers in its capacity as LHA. This includes a general